Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individual

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello again super people,


I think I was at piont number 12,


12. Sainsbury's accepted that the fraudulant transactions were not mine, my account was blocked and reclassed by Sainsbury's because of these transactions and the entire history of my DMP and my settlement with them was archived/shut off from the mainstream of the daily addministrations of the retail bank collections department.


13. Sainsbury's took the balance left after the settlement into another account in my name a "Gold Account" my original account was a "Platinum Account" and they continued to pursue me through out April, May and June of 07.


14. I sent in two letters of complaint genuingly disputing this alledged debt and the account number and asked them to check thier records in relation to the settlement.(Letters dated 23rd May and 17th June 07) No response back.


15. Sainsbury's give acknowledgements to credit reference agencies as my account is settled, closed and cancelled including acknowledging this other account in my name as settled, closed and cancelled, dates of acknowledgements 31st May 07 and 10th June 07.


Number 15 above was not known by me until September 2008, the acknowledgements made by Sainsbury's were "Silent" ones, and the department that gave them were unsuccessfull in communicating this to the rellevent departments.


16. Sainsbury's instruct DCA'S to pursue me until I make a payment, telling these DCA'S that I was refusing to pay any money against this "Gold Account"


17. I inform DCA'S month in and out that this is not my account and that I have made a settlement with Sainsbury's, DCA'S ask Sainsbury's if this is true and Sainsbury's say no, no record of any settlement and no record of any payment to this account, pursue, pursue, pursue.


18. DCA'S tell me they don't believe me and that I must prove that I don't owe this money, until then they are going to keep pursuing me because thats what Sainsbury's are instructing them to do.


19. I tell DCA'S to obtain proof from Sainsbury's that I owe money to this account, DCA'S tell me Sainsbury's not very helpfull they say you owe this money.


20. 17th month of campaign I manage to get my voice and my dispute/complaint herd by another department and with-in a couple of hours the whole opperation of the campaign is shut down.


21. Sainsbury's send response to my complaint denyng ever receiving full and final settlement offer letter and blame me for thier unlawfull actions.


22. Sainsbury's send second letter one paragraph states that they told me that they would not accept settlement, the next paragraph stated that they did tell me that they would accept the settlement and that they did encourage me to send it in for consideration, and they accept that they should of rejected my offer but because the did not the the agree they should not of pursued me for the balance.

Still comments in this second letter implying that I am at fault and responsible for thier actions.


23. Third response arrives, states sorry about that, here's a thousand pounds and good by and thank you for bringing these multiple failures from multiple departments to our attention.


Any comments would be very welcomed by me

Many Thanks
God Bless you All
Godzilla.

[Paule]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

any comments would be very welcomed by me

Can I ask that you refresh the thread page each time before continue your postings.

This way you pick up on info or comments or questions people may be asking, which in turn may save you some time typing everything and speeding up the help people give you

PKea

[tomterm8]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

The thing about the settlement in the credit file is that it depends very much what it actually said. Did it say that the amount was settled with any outstanding amount, or did it say that the amount outstanding was £0.

There are two types of settlement that can be lodged with credit reference agencies, partial and full settlements.

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

No you people, I did not just send in a cheque and hope for the best, and I am not ignoring anyones advice, perhaps it is because of my flowery writing that you have missed the vital point.

I tell you this, now I am offended, please elaborate on you use of the word flowery as it has several meanings.

Did you people not look at the case law of "Full and Final Settlements"


Do any of you people also consider my quotes as flowery!

The said cheque was not MINDLESSLY banked by Sainsbury's.

Sainsbury's agreed to consider the sum of money and encouraged me to send it in to them for consideration knowing that it was going to be between 80 and 90% of the balance.


Look up the law in full and final settlement and then review points 7,8 and 9.

Tell me what advice it is that you say I have ignored, I am not an ill-mannered person, why do you feel the need to be rude towards me simply because I write differently TO THE MAJORITY.

[Mochamoo]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Do you have these letters that they sent you so we can view the wording? it might be that we are missing something vital.

We are not having a go Godzilla and I am sure no-one on here wants to upset you we want to help you.

I have quoted myself from earlier.... you know the case inside out it has been your nightmare for the last 16 months. Your case is new to us we need to understand it 100% before we can advise.

I personally am very concerned that from what I can see you will go ahead an lose and get yourself into more debt and I do not want that to happen to you and your family.

Did you people not look at the case law of "Full and Final Settlements"

I would also like to point out that the majority of us know all about full and final settlements we have been climbing out of debt ourselves for the last few years and have helped each other and many more along the way.

[Paule]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Sainsbury's agreed to consider the sum of money and encouraged me to send it in to them for consideration knowing that it was going to be between 80 and 90% of the balance..

I think this is a vital point, they will consider an Offer of F&F and it woudl be the offer they are encouraging you to send in, not the money.
You cant send the money till they have accepted your offer and you have confirmation of this.
This confirmation letter is want your case will rest on.

With regard to my comments on flowery writing. It is easier for people to help and read if you state the facts in a clear and concise manner.
You will have to do this in court and on all your court documents.

With regard to ignored questions. At least 2 people have asked what compensation you are claiming in monetary value. You cannot on a claim form put down thoughts and feelings, you have to be specific.
Another poster advised you with regard to what you could claim being a litigant in person, ie that you would not be able to claim 500hours (which would be £4624 @ £9.25hr)

What 'law' are you refering to in 'Look up the law in full and final settlement and then review points 7,8 and 9'

PKea

[natweststaffmember]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

The first post mentions 402 year old case law. I think this link might explain that element of full and final settlement
The Law – ‘Full and final settlement’ - Voltimum UK - Electrical Installation Products and Contracting
Will have a read of the points but I am sure OFT guidelines should not be included in any court action as they are not as such Case Law.

[tomterm8]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

The law on settlements is more complicated than you think. The common law is simple: a partial payment of an accepted debt can't remove the right of a creditor to chase for the rest of the money.

It is possible for, say, a partial payment of an accepted debt and some other accomodation (such as a peanut, or an assignment of copyright vested in the settlement letter) to extinguish a debt.

So at common law, they are entitled to chase the debt.

In equity, you have a clear case for an equitable injunction to prevent them chasing the debt. This is because they clearly contemplated that the debt was settled, and their action lead your parents to believe it was settled.

I think the settlement is therefore probably good. I can't know for sure without looking at all the paperwork. But in any case, until the court makes an injunction, they are entitled to chase the debt... and so there is no action available under the protection from harassment act in my opinion if they simply continued to chase the debt.

In any case, the fact is they have offered you a settlement that would allow you to continue on with the rest of your life... I sympathise with the fact that they have behaved badly, and you want revenge. But my honest assessment of the facts is that you will not recieve what you want.

You have a chance to finally make a great life for yourself and your family. I have tried to give you advice because I would find it a pity if someone as likeable as yourself were to suffer. Sometimes you simply have to advise someone not to take legal action. There are a number of people I know whose life have been crippled by taking legal action even though they won.

I won't add further advice, since you are an adult and can make up your mind.

[Amy]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

For a full and final settlement to be binding there must be consideration shown from both parties, not just one.

You have attempted to repay less than the full outstanding amount. When the bank charge claim process began, full and final settlements were meaningless (and still are) as more often than not you will have been offered a lot less than the full amount you were claiming on the proviso that you do not sue for the remainder or sue again.

In order for this to be binding on the claimant the bank must have promised to do something in return for your promise, so the cheque would normally be cashed with a letter being sent to the bank to confirm the payment as part payment only.

However, Sainsbury's cashed your cheque without informing you that they considered it as part payment only and they have not once informed you of this.

I would be inclined to agree with you that you have a strong case as the rejection from Sainsbury's should have come swiftly. In some cases just two weeks have been considered too long.

[TUTTSI]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hi Godzilla

I know you are upset and frustrated you must feel against Sainsbury and quite frankly I do not blame you. But some very good advice has been offered to you on this thread and so far you refuse to take on board this brilliant advice.

Going before a judge and not being able to give straightford answers - will not win you any brownie points or your case in court. Sainsbury's is a huge company and will take the best barrister to court against you- you will loose everything and possibly be made bankrupt.

Again unless we are missing the vital information which you say that you will post up - we here at Legal Beagles are mythed at how this case can proceed without you loosing.

You must put your family as your first priority.

We are only thinking of you when we write on your thread giving advice.

<<<<<hugs>>>>>

[natweststaffmember]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Point 7 as Pkea as stated is important. Sainsburys agreed to consider an offer between 85% and 90% for a Full and final settlement.
Point 8 states you sent a cheque without a cast iron guarantee that they had agreed to this being Full and final.

I have been writing the points down so I can think more about what has been done. As you can see I still have to go from 9 which seems to indicate they did not accept that amount as a full and final settlement.
------------------------------- merged -------------------------------
Ok have read to the end of this. Point 23 states "Third response arrives, states sorry about that, here's a thousand pounds and good by and thank you for bringing these multiple failures from multiple departments to our attention."

Has the cheque been banked/cashed? Have you responded to them?
It would be good if possible if you could upload letters from points 21, 22,23 removing your details such as name address and account numbers. Would love to have a read of it just to clarify in my mind what their response was.

[WendyB]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hi again Godzilla.

Having read through the recent posts, please don't be offended, we are all concerned for you and just trying to help, and of course everyone is entitled to their own opinions. No-one meant for you to feel insulted.

I realise that you have very strong principles, and this is not just about the money for you, and certainly I agree that it would be good to have some sort of "revenge" for the awful circumstances your family were in. But, personally, i also think that there is a time to let go. Not to abandon your principles, not at all, but perhaps move them to one side. You could take the money they have offered you, accept their apology (such as it is) and then put this whole mess behind you and befin to move on with your life, and get back some quality time with your wife and family before this thing consumes you with grief and bitterness. It might not be what you are thinking at the moment, but I'm sure you would value, and get more enjoyment and happiness from, spending time with those you love without this spectre taking up all of your time and energy. Close the door on it and move forwards.

Just my opinion, and what I would do in your shoes.

Regards

Wendy x

[Sapphire]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hi Godzilla

For what its worth hun I admire the way you as a layman have read up and studied long and hard about this situation. I'm not going to say one way or another what I believe you should do, but I do know what I personally would do and thats not the point here is it.

Please take time to sit back and think about any further action, take time out over the weekend and spend time with your family as they are the most important ones in all of this hun, and sometimes its easy to put your principles before those who matter most.

I'd also like to thank you for the help you have given a couple of other posters re f & f settlements, you have been most helpful.

I wish you luck with whatever way you decide to go.

(((((((((((((((Hugs)))))))))))))))))

[Godzilla]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Hello again super dudes,

Thank You for all of your replies, however nearly all of you have completely missed my query .


My case is about harrassment from a bank and if anyone had experienced this.

Of what relevence does it have in the way I choose to describe things, commenting on my writing was not constructive.


As some of you have the time to critisize, instead, perhaps you could use that time to do something constructive, ie: Look up the substantial case law of "Full and Final Settlements" RESEARCH.


My case is about harrassment for a debt that I did not legally owe and all the info in the credit reference files stated- balance £0.00 Status settled, account closed.

Also my case is about the Data Protection Act.


Sainsbury's told me to send in the letter of offer with the payment cheque and I have this in writting!

I came on this site to hopefully receive some advice from anyone who has had any experience in relation to harassment from a bank for a debt you didn't owe.

It seems that everyone got hung-up on the F+F and my method of writing, as I am a newbie I am still learning how to post, I only learnt how to type in June of last year and my pc skills are very, very basic, I apologize for any confusion.


Many, Many Thanks
God Bless you All
Godzilla.

[natweststaffmember]

Re: Sainsbury's Bank Plc(HBOS) And Four Debt Collection Companies Against An Individu

Godzilla, mate, point 21-23 for me is the most interesting part. 23 specifically because they appear to have offered compensation of some sort.
How much did they offer and did you cash it?